Bill Text: IA SSB1140 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to unemployment benefits and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-08 - Subcommittee: Dickey, Schultz, and Taylor, T. [SSB1140 Detail]
Download: Iowa-2023-SSB1140-Introduced.html
Senate
Study
Bill
1140
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WORKFORCE
BILL
BY
CHAIRPERSON
DICKEY)
A
BILL
FOR
An
Act
relating
to
unemployment
benefits
and
including
1
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
_____
Section
1.
Section
96.1A,
subsection
18,
unnumbered
1
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
2
“Exhaustee”
means
an
individual
who,
with
respect
to
any
3
week
of
unemployment
in
the
individual’s
eligibility
period
4
has
received,
prior
to
such
week,
all
of
the
regular
benefits
5
that
were
available
to
the
individual
under
this
chapter
or
any
6
other
state
law,
including
dependents’
allowances
and
benefits
7
payable
to
federal
civilian
employees
and
former
armed
forces
8
personnel
under
5
U.S.C.
ch.
85,
in
the
individual’s
current
9
benefit
year
that
includes
such
weeks.
Provided
that
for
the
10
purposes
of
this
subsection
an
individual
shall
be
deemed
to
11
have
received
all
of
the
regular
benefits
that
were
available
12
to
the
individual,
although
as
a
result
of
a
pending
appeal
13
with
respect
to
wages
that
were
not
considered
in
the
original
14
monetary
determination
in
the
individual’s
benefit
year
the
15
individual
may
subsequently
be
determined
to
be
entitled
to
add
16
regular
benefits,
or:
17
Sec.
2.
Section
96.1A,
Code
2023,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
43.
“Work
search”
means
any
of
the
20
following:
21
a.
Applying
for
a
job
by
submitting
a
resume
or
application
22
to
a
potential
employer
in
person,
through
the
mail,
by
23
electronic
means,
or
by
fax
transmission.
24
b.
Interviewing
for
a
job
virtually
or
in
person.
25
c.
Taking
a
civil
service
exam.
26
d.
Taking
a
military
aptitude
exam.
27
Sec.
3.
Section
96.3,
subsection
4,
Code
2023,
is
amended
28
to
read
as
follows:
29
4.
Determination
of
benefits.
30
a.
With
respect
to
benefit
years
beginning
on
or
after
July
31
1,
1983,
an
An
eligible
individual’s
weekly
benefit
amount
for
32
a
week
of
total
unemployment
shall
be
an
amount
equal
to
the
33
following
fractions
of
the
individual’s
total
wages
in
insured
34
work
paid
during
that
quarter
of
the
individual’s
base
period
35
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in
which
such
total
wages
were
highest.
The
director
shall
1
determine
annually
a
maximum
weekly
benefit
amount
equal
to
2
the
following
percentages,
to
vary
with
the
number
of
based
on
3
whether
the
individual
has
dependents,
of
the
statewide
average
4
weekly
wage
paid
to
employees
in
insured
work
which
shall
be
5
effective
the
first
day
of
the
first
full
week
in
July:
6
If
the
The
weekly
Subject
to
7
number
of
benefit
amount
the
following
8
dependents
shall
equal
maximum
9
is:
the
following
percentage
of
10
fraction
of
high
the
statewide
11
quarter
wages:
average
12
weekly
wage:
13
0
1/23
53%
14
1
or
more
1/22
55%
57%
15
2
1/21
57%
16
3
1/20
60%
17
4
or
more
1/19
65%
18
b.
The
maximum
weekly
benefit
amount,
if
not
a
multiple
of
19
one
dollar,
shall
be
rounded
to
the
lower
upper
multiple
of
20
one
dollar.
However,
until
such
time
as
sixty-five
percent
of
21
the
statewide
average
weekly
wage
exceeds
one
hundred
ninety
22
dollars,
the
The
maximum
weekly
benefit
amounts
shall
be
23
determined
using
the
statewide
average
weekly
wage
computed
on
24
the
basis
of
wages
reported
for
the
current
calendar
year
1981
.
25
As
used
in
this
section
,
“dependent”
means
dependent
as
defined
26
in
section
422.12,
subsection
1
,
paragraph
“a”
,
as
if
the
27
individual
claimant
was
a
taxpayer,
except
that
an
individual
28
claimant’s
nonworking
spouse
shall
be
deemed
to
be
a
dependent
29
under
this
section
.
“Nonworking
spouse”
means
a
spouse
who
does
30
not
earn
more
than
one
hundred
twenty
dollars
in
gross
wages
31
in
one
week.
32
Sec.
4.
Section
96.4,
subsection
3,
Code
2023,
is
amended
33
to
read
as
follows:
34
3.
a.
The
individual
is
able
to
work,
is
available
for
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work,
and
is
earnestly
and
actively
seeking
work.
1
b.
(1)
A
person
shall
be
required,
at
a
minimum,
to
meet
2
the
following
requirements
to
be
deemed
earnestly
and
actively
3
seeking
work:
4
(a)
If
the
number
of
available
jobs
is
at
or
above
sixty
5
thousand,
the
person
must
complete
a
minimum
of
six
work
6
searches
for
each
week
the
person
applies
for
benefits.
7
(b)
If
the
number
of
available
jobs
is
at
or
above
fifty
8
thousand
but
below
sixty
thousand,
the
person
must
complete
a
9
minimum
of
five
work
searches
for
each
week
the
person
applies
10
for
benefits.
11
(c)
If
the
number
of
available
jobs
is
below
fifty
thousand,
12
the
person
must
complete
a
minimum
of
four
work
searches
for
13
each
week
the
person
applies
for
benefits.
14
(2)
A
work
search
shall
not
satisfy
the
requirements
of
this
15
paragraph
if
the
individual
previously
applied
for
the
same
16
position
within
the
most
recent
four
weeks.
17
(3)
The
department
shall
provide
on
a
weekly
basis
to
an
18
individual
applying
for
benefits
a
list
of
known
available
19
jobs
within
a
fifty-mile
radius
of
the
applicant’s
residence
20
in
fields
related
to
the
employment
the
applicant
had
within
21
the
most
recent
ten
years,
in
fields
which
the
applicant
22
has
identified
an
interest,
or
that
require
skills
that
the
23
applicant
claimed
to
have
when
applying
for
benefits.
24
(4)
At
least
half
of
the
individual’s
work
searches
shall
25
be
from
the
list
of
known
available
jobs
provided
by
the
26
department
pursuant
to
subparagraph
(3).
27
(5)
For
the
purposes
of
this
paragraph,
“the
number
of
28
available
jobs”
means
the
number
of
jobs
listed
as
available
as
29
published
by
the
department
on
the
first
day
of
the
previous
30
month.
31
c.
This
subsection
is
waived
if
the
individual
is
deemed
32
partially
unemployed,
while
employed
at
the
individual’s
33
regular
job,
as
defined
in
section
96.1A,
subsection
37
,
34
paragraph
“b”
,
subparagraph
(1),
or
temporarily
unemployed
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as
defined
in
section
96.1A,
subsection
37
,
paragraph
“c”
.
1
The
work
search
requirements
of
this
subsection
and
the
2
disqualification
requirement
for
failure
to
apply
for,
or
3
to
accept
suitable
work
of
section
96.5,
subsection
3
,
are
4
waived
if
the
individual
is
not
disqualified
for
benefits
under
5
section
96.5,
subsection
1
,
paragraph
“h”
.
6
b.
Notwithstanding
any
provision
of
this
chapter
to
the
7
contrary,
the
department
may
establish
by
rule
a
process
to
8
waive
or
alter
the
work
search
requirements
of
this
subsection
9
for
a
claim
for
benefits
if
an
individual
has
a
reasonable
10
expectation
that
the
individual
will
be
returning
to
employment
11
and
is
attached
to
a
regular
job
or
industry
or
a
member
in
12
good
standing
of
a
union
therein
eligible
for
referral
for
13
employment.
To
be
considered
attached
to
a
regular
job
or
14
industry,
an
individual
must
be
on
a
short-term
temporary
15
layoff.
If
work
is
not
available
at
the
conclusion
of
the
16
layoff
period
due
to
short-term
circumstances
beyond
the
17
employer’s
control,
the
employer
may
request
an
extension
18
of
the
waiver
or
alteration
for
up
to
two
weeks
from
the
19
department.
For
purposes
of
this
paragraph,
“short-term
20
temporary
layoff”
means
a
layoff
period
of
sixteen
weeks
or
21
less
due
to
seasonal
weather
conditions
that
impact
the
ability
22
to
perform
work
related
to
highway
construction,
repair,
or
23
maintenance
with
a
specific
return-to-work
date
verified
by
the
24
employer.
25
Sec.
5.
Section
96.4,
Code
2023,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
8.
The
individual
has
completed
one
search
28
activity
each
week
from
a
list
of
permissible
search
activities
29
as
designated
by
the
department.
This
shall
be
in
addition
30
to
the
requirements
under
subsection
3.
A
search
activity
31
shall
only
meet
the
requirements
of
this
subsection
if
the
32
individual
has
not
previously
performed
that
type
of
search
33
activity
during
the
individual’s
benefit
year
in
order
to
34
remain
eligible
under
this
subsection.
The
department
shall
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adopt
rules
to
implement
this
subsection.
The
department
shall
1
establish
by
rule
sixteen
different
types
of
search
activities
2
acceptable
to
meet
the
requirements
of
this
subsection.
3
Sec.
6.
Section
96.6,
subsection
2,
Code
2023,
is
amended
4
to
read
as
follows:
5
2.
Initial
determination.
A
representative
designated
by
6
the
director
shall
promptly
notify
all
interested
parties
to
7
the
claim
of
its
filing,
and
the
parties
have
ten
fourteen
8
calendar
days
from
the
date
of
issuance
of
the
notice
of
the
9
filing
of
the
claim
to
protest
payment
of
benefits
to
the
10
claimant.
All
interested
parties
shall
select
a
format
as
11
specified
by
the
department
to
receive
such
notifications.
12
The
representative
shall
promptly
examine
the
claim
and
any
13
protest,
take
the
initiative
to
ascertain
relevant
information
14
concerning
the
claim,
and,
on
the
basis
of
the
facts
found
15
by
the
representative,
shall
determine
whether
or
not
the
16
claim
is
valid,
the
week
with
respect
to
which
benefits
shall
17
commence,
the
weekly
benefit
amount
payable
and
its
maximum
18
duration,
and
whether
any
disqualification
shall
be
imposed.
19
The
claimant
has
the
burden
of
proving
that
the
claimant
meets
20
the
basic
eligibility
conditions
of
section
96.4
.
The
employer
21
has
the
burden
of
proving
that
the
claimant
is
disqualified
22
for
benefits
pursuant
to
section
96.5
,
except
as
provided
23
by
this
subsection
.
The
claimant
has
the
initial
burden
to
24
produce
evidence
showing
that
the
claimant
is
not
disqualified
25
for
benefits
in
cases
involving
section
96.5,
subsections
10
26
and
11
,
and
has
the
burden
of
proving
that
a
voluntary
quit
27
pursuant
to
section
96.5,
subsection
1
,
was
for
good
cause
28
attributable
to
the
employer
and
that
the
claimant
is
not
29
disqualified
for
benefits
in
cases
involving
section
96.5,
30
subsection
1
,
paragraphs
“a”
through
“h”
.
Unless
the
claimant
31
or
other
interested
party,
after
notification
or
within
ten
32
fourteen
calendar
days
after
notification
was
issued,
files
an
33
appeal
from
the
decision,
the
decision
is
final
and
benefits
34
shall
be
paid
or
denied
in
accordance
with
the
decision.
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If
an
administrative
law
judge
affirms
a
decision
of
the
1
representative,
or
the
appeal
board
affirms
a
decision
of
the
2
administrative
law
judge
allowing
benefits,
the
benefits
shall
3
be
paid
regardless
of
any
appeal
which
is
thereafter
taken,
4
but
if
the
decision
is
finally
reversed,
no
employer’s
account
5
shall
be
charged
with
benefits
so
paid
and
this
relief
from
6
charges
shall
apply
to
both
contributory
and
reimbursable
7
employers,
notwithstanding
section
96.8,
subsection
5
.
The
8
department
shall
by
rule
allow
an
employer
to
protest
a
payment
9
of
unemployment
benefits
and
to
protest
and
sign
a
notice
of
10
claim
electronically
using
a
form
created
by
the
department.
11
Sec.
7.
NEW
SECTION
.
96A.1
Definitions.
12
For
the
purposes
of
this
chapter:
13
1.
“Nonparticipating
workforce
rate”
means
the
portion
of
14
the
population
that
is
not
employed
or
earnestly
and
actively
15
seeking
work
as
described
in
section
96.4,
subsection
3.
16
2.
“Workforce
term”
means
the
nonparticipating
workforce
17
rate,
the
state
unemployment
rate,
or
the
number
of
known,
18
available
jobs
in
Iowa
as
published
by
the
department
of
19
workforce
development.
20
Sec.
8.
NEW
SECTION
.
96A.2
State
publications
——
21
unemployment
rates.
22
1.
When
a
state
agency
makes
a
reference
to
the
state
23
unemployment
rate
in
an
official
written
statement
from
the
24
agency
or
in
a
report
or
other
document
that
is
published
and
25
available
to
the
public,
the
agency
shall
include
a
reference
26
to
the
nonparticipating
workforce
rate.
27
2.
When
the
department
of
workforce
development
makes
28
a
reference
to
a
workforce
term
in
an
official
written
29
statement
or
in
a
report
or
other
document
that
is
published
30
and
available
to
the
public,
the
department
of
workforce
31
development
shall
also
reference
each
other
workforce
term.
32
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
33
2024.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
unemployment
benefits.
3
The
bill
strikes
language
providing
that
an
eligible
4
individual’s
maximum
weekly
benefit
amount
varies
with
the
5
number
of
the
individual’s
dependents.
The
bill
instead
6
provides
that
an
individual
with
dependents
will
have
a
weekly
7
benefit
amount
of
1/22
the
individual’s
highest
gross
quarterly
8
salary
during
the
individual’s
base
period,
subject
to
a
9
maximum
of
57
percent
of
the
statewide
average
weekly
wage.
10
The
bill
provides
that
the
maximum
weekly
benefit
amount
for
11
unemployment
benefits
shall
be
rounded
to
the
upper
multiple
of
12
$1,
rather
than
the
lower
multiple
as
provided
under
current
13
law.
14
The
bill
requires
a
person
applying
for
unemployment
15
benefits
to
complete
a
specified
number
of
work
searches,
based
16
on
the
number
of
jobs
listed
as
available
as
published
by
the
17
department
of
workforce
development
(IWD)
on
the
first
day
of
18
the
previous
month,
for
each
week
the
person
is
applying
for
19
benefits
in
order
to
be
eligible
for
benefits.
A
work
search
20
shall
not
satisfy
an
individual’s
eligibility
requirements
if
21
the
individual
previously
applied
to
the
same
position
within
22
the
most
recent
four
weeks.
23
The
bill
defines
“work
search”
as
applying
for
a
job
by
24
submitting
a
resume
or
application
to
a
potential
employer
25
in
person,
through
the
mail,
by
electronic
means,
or
by
fax
26
transmission;
interviewing
for
a
job
virtually
or
in
person;
27
taking
a
civil
service
exam;
or
taking
a
military
aptitude
28
exam.
29
The
bill
requires
that
at
least
half
of
the
work
searches
30
an
individual
uses
to
meet
eligibility
requirements
must
be
31
from
a
list
of
known
available
jobs
within
a
50-mile
radius
32
of
the
individual’s
residence
in
fields
related
to
employment
33
the
applicant
held
within
the
most
recent
10
years,
in
fields
34
which
the
applicant
has
identified
an
interest,
or
that
require
35
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_____
skills
that
the
individual
claimed
to
have
when
applying
for
1
benefits.
The
bill
requires
IWD
to
provide
the
individual
a
2
list
of
these
jobs
on
a
weekly
basis.
3
The
bill
requires
a
person
applying
for
unemployment
4
benefits
to
complete
one
search
activity
each
week
as
5
designated
by
IWD
in
order
to
be
eligible
for
unemployment
6
benefits.
The
search
activities
are
in
addition
to
other
7
work
search
requirements
to
receive
unemployment
benefits.
A
8
search
activity
shall
only
meet
eligibility
requirements
if
the
9
individual
has
not
previously
performed
that
type
of
search
10
activity
during
the
individual’s
benefit
year
in
order
to
11
remain
eligible.
The
bill
requires
IWD
to
establish
by
rule
16
12
different
types
of
search
activities
acceptable
to
meet
these
13
requirements.
14
The
bill
strikes
language
allowing
IWD
to
establish
by
15
rule
a
process
to
waive
or
alter
the
work
search
requirements
16
for
a
claim
for
unemployment
benefits
if
an
individual
has
a
17
reasonable
expectation
that
the
individual
will
be
returning
18
to
employment
and
is
attached
to
a
regular
job
or
industry
on
a
19
short-term
temporary
layoff
or
a
member
in
good
standing
of
a
20
union
therein
eligible
for
referral
for
employment.
21
The
bill
requires
IWD
to
allow
an
employer
to
protest
a
22
payment
of
unemployment
benefits
and
to
protest
and
sign
a
23
notice
of
claim
electronically
using
a
form
created
by
IWD.
24
The
bill
increases
the
periods
for
parties
to
protest
25
payment
of
unemployment
benefits
to
a
claimant,
and
to
file
26
an
appeal
from
a
decision
regarding
the
eligibility
for,
or
27
amount
or
duration
of,
a
claim
for
unemployment
benefits
to
14
28
calendar
days.
29
The
bill
requires
that,
when
a
state
agency
makes
a
reference
30
to
the
state
unemployment
rate
in
an
official
written
statement
31
from
the
agency
or
in
a
report
or
other
document
that
is
32
published
and
available
to
the
public,
the
agency
shall
include
33
a
reference
to
the
nonparticipating
workforce
rate.
The
bill
34
also
requires
that
when
IWD
makes
a
reference
to
a
workforce
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_____
term
in
an
official
written
statement
or
in
a
report
or
other
1
document
that
is
published
and
available
to
the
public,
the
2
IWD
must
also
reference
each
other
workforce
term.
The
bill
3
defines
“nonparticipating
workforce
rate”
as
the
portion
of
4
the
population
that
is
not
employed
or
earnestly
and
actively
5
seeking
work.
The
bill
defines
“workforce
term”
as
the
6
nonparticipating
workforce
rate,
the
state
unemployment
rate,
7
or
the
number
of
known,
available
jobs
in
Iowa
as
published
by
8
IWD.
9
The
bill
takes
effect
January
1,
2024.
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